Five judges of the Superior Court of Islamabad (IHC) have presented a request in the Supreme Court of Pakistan, challenging judicial transfers and their impact on antiquity.
The constitutional request of 49 pages, presented by virtue of article 184 (3) through higher lawyers Munir A. Malik and Barríster Salahuddin, argues that the president of Pakistan used article 200 (1) when annulled the authority of the commission of the commission Judicial in the transfer of judges.
The petition argues that judicial transfers cannot be made without public interest and should not affect the seniority list.
In addition, it states that article 200 only allows temporary transfers, and the current process violates article 175 (a) of the Constitution.
The judges have urged the Supreme Court to invalidate the current age of the Superior Court of Islamabad, citing their inconsistency with article 194 and the third time of the Constitution.
The petition specifically challenges the appointment of Judge Sarfraz to tell as the president of IHC interim, stating that he had only turned two weeks in the Superior Court before assuming administrative control.
It also demands that Judges Khalid Soomro and Muhammad Asif be prohibited by judicial work.
The president of Pakistan, the Federal Government, the Judicial Commission, the registrar of the Supreme Court and multiple registrars of the Superior Court have been surveyed in the case.
The five petition judges are Judge Mohsin Akhtar Kayani, Judge Babar Sattar, Judge Tariq Mehmood Jahangiri, Judge Saman Rafat Imtiaz and Judge Sardar Ejaz Ishaq Khan.
The petition also states that the failure of the transferred judges to make a new oath is a constitutional violation.
He affirms that antiquity begins in the Superior Court where a judge makes the oath, and altering it through transfers is an unconstitutional interference in the IHC administration.
The Supreme Court has not yet scheduled a hearing on the matter.
Last week, Judge Sardar Muhammad Sarfraz Dogar was appointed as President of the Interim Justice of the IHC, a measure that has caused reservations among some judges about antiquity.
A notification issued by the Ministry of Law announced that President Asif Ali Zardari appointed Judge Sarfraz Dragar as the president of the Supreme Court of the IHC.
The appointment, made in article 196 of the Constitution, will enter into force from the date on which Justice Dogar provides oath and will remain in place until a regular justice president is designated.
The appointment followed the elevation of Judge Aamer Faooq to the Supreme Court (SC) earlier this week.
